View Full Version : Rape Convict freed after DNA clears him. 23 years later
23 freaking years. This is abominable. Everyone in the prosecution and LE that was part of this case should be fired and sued for all they have. They deliberately destroyed a mans life. Actually this conviction was so egregious i think the jury should be sued too.
Barry Scheck, co-director of the Innocence Project, said this week that misleading testimony from a crime lab analyst that favored the prosecution and unreliable eyewitness identification put Sonnier behind bars.
The victim of the 1985 attack identified Sonnier, who was 23 at the time, nearly six months afterward. But Scheck said tests showed that semen stains on the woman's jeans were blood type O, while Sonnier's blood type is B.
http://www.msnbc.msn.com/id/32334521/ns/us_news-crime_and_courts/
MrsBeesley
08-08-2009, 10:25 AM
You can't sue a jury however I sure as heck would be suing all the rest of them. :cursing:
Why does he have to wear a GPS monitor?
Why does he have to wear a GPS monitor?
because he has not been technically exonerated yet. THe judge ordered his expedited release before the actual official exoneration and i believe its a necessary part of release for convicted SO's. Not that there is any doubt he will be exonerated but until then the rules are the rules.
Can't blame the jury - or the victim, Eye witness statements are SO fallible - and I have to assume he looks like the real rapist. But what kind of people falsify lab work? Its not uncommon and it just floors me.
I wonder what kind of background Sonnier had? Was he the kind of guy that LE wanted to put behind bars whether he was gulty of this particular crime or not? Not necessarily: remember Lennel Jeter? He was an engineer with no criminal history who was actually in his office with other workers miles away from a robbery taking place. He was convicted and later exonerated.
Soo - for Sonnier - all his life there will be that "he must have done something" thought about him. Hope he sues for big bucks.
according to this story one of the reasons the innocent project was brought in is that the crime lab had a history of questionable evidence :thumbdown:
ita re people will think he did it anyway, his life was ruined for no reason.
The terrible thing is that men who are innocent have to pray that there was a rape in a murder case. If its a "clean" murder with no DNA then people on death row for example have zero chance of exoneration. With all the wrongly convicted cases in rapes and when DNA is available, tisn't rocket science to know that probably an equal amount of wrong convictions exist in cases without dna.
IMO
And to add to Ernest Sonnier's misery - I just realized why the Sonnier name seemed so familiar to me. It is because Elmo Patrick Sonnier is the rapist/murderer who is the real live main character in "Dead Man Walking".
Its horrible to think that there are people on death row now who are innocent (or at least, not guilty of the crime for which they were convicted ).
I am so against the current overuse of the death penalty - except in cases where the guilt is SO truly clear and the person would continue to pose a danger to society. Brian Nichols (an angry rapist/murderer who killed and maimed several folks in Atlanta) for instance will always try to escape from prison. Woe to the community if he ever does.
Here in Alabama it is hard for long term inmates to get DNA tests (that were not available back when they were convicted) that might prove their innocence. No law says that they have any right to the new tests.
Not only do they have no right to the tests, often the DA's office actively opposes them.
In florida they passed a law that states inmates had to request DNA testing in old cases within 2 years of conviction, i believe they were given a few months after the law was signed if their cases were further back. The reason? The DA's offices complained they had to much work to do with all these requests for back testing :thumbdown: So much for justice being the over riding purpose of the justice system there.
The only chance an innocent man charged has is to pray the perpetrator raped the person they murdered as well. Pretty sad.
One of the most insulting statements you often hear DA's make when a conviction is vacated, is "this shows the justice system works" or words to that effect. Hardly!!! I want the real monsters locked up, not free for 23 years while an innocent rots in prison. If the case is high profile media wise its even more likely to happen because conviction becomes a political thing for the DA especially if an election is coming up. People believe what LE says and they should..they are meant to be the aribters of justice and truth. When they bring in politics or bad investigating then its just like the Duke Lacrosse Nifong...it doesn't matter if it was good faith or not
imo
Streetdreamer
08-08-2009, 02:37 PM
DNA is nearly irrefutable. That is the evidence in which people can be assured a release. But if you look at the cases and what took place, you can see that integrity and pursuit of truth is overwhelmingly missing from the entire transcripts and expert evidence. You will see lies, damn lies, and willful misrepresentations that completely shock the defendant when the trial comes along. Only to have a conviction be a total surprise. Imagine your jury composed of Fox news watchers and lets just say you happen to be a profiled minority and innocent... the jurors would believe anything the prosecutor claims because they want to. Now you can imagine how many potentially innocent people who are in prison.
R~O~S
08-08-2009, 02:49 PM
DNA is nearly irrefutable. That is the evidence in which people can be assured a release. But if you look at the cases and what took place, you can see that integrity and pursuit of truth is overwhelmingly missing from the entire transcripts and expert evidence. You will see lies, damn lies, and willful misrepresentations that completely shock the defendant when the trial comes along. Only to have a conviction be a total surprise. Imagine your jury composed of Fox news watchers and lets just say you happen to be a profiled minority and innocent... the jurors would believe anything the prosecutor claims because they want to. Now you can imagine how many potentially innocent people who are in prison.
No, actual innocence, regardless of how it's determined is not an assurance of release per the US Supreme Court. Which is why 23 years later, with irrefutable evidence, Mr Sonnier is wearing an ankle bracelet waiting for the formalities & integrity of the state courts.
http://www.questia.com/googleScholar.qst;jsessionid=K94CbpV5PYJGTlLy9LXhS Gksy2qznv2KYlFV311DdFZC2DD1YNc9!-1172439865!228461909?docId=5000234789
In Herrera v. Collins,(1) the United States Supreme Court held that absent an accompanying constitutional violation, a claim of actual innocence by a death penalty petitioner is not grounds for federal habeas corpus relief. Although Chief Justice Rehnquist, writing for the majority, refused to authorize review of Herrera's claim, he disposed of the case by assuming, arguendo, that the Constitution would prohibit the execution of a petitioner who made a truly persuasive showing of actual innocence. The Court offered neither a constitutional rationale for its hypothetical treatment nor a standard by which evidence of actual innocence would be measured. This Note examines the history of federal habeas corpus review and argues that the Court logically extended precedent in a manner consistent with its current position on federal habeas corpus: habeas relief is to be granted only in cases of egregious procedural error in order to encourage the finality of state court decisions.
justaguy
08-09-2009, 01:37 AM
and this makes me so mad. One of the problems is...i have to have at least a bachelors in medical technology (three yrs usual undergrad plus 12 intense months of 10 hour day lectures,tests,and daily evaluated lab performance PLUS pass a written national standard)...to simply do a blood glucose in a hospital lab.
these labs have different and loose standards. there is no real national board, and no constant monitoring. If these laboratories had to undergo the same training and constant evaluation, much of this would not happen. i can't say in this case, ie if someone wants to falsify somethng thats different.
also, in hospital labs, we are constantly being sent "unknowns"..samples of blood or fluid that has to be analysed by one of the laboratory workers (it is rotated as to whom)...and the results compared with other labs..and what the actual known result should be. this makes sure that equiptment is kept up to date and lab workers do not become lax.
ABO testing...blood type is one of the most basic test learned,but one of the most important...as a transfusion of the wrong type can kill a person. so..those of us that HAVE gone thru the above training have the utmost respect for the process.
but..we are also more expensive, than taking someone with a basic biology degree and training them on the job. ok my rant is over.
aubrey04
08-09-2009, 02:50 AM
23 freaking years. This is abominable. Everyone in the prosecution and LE that was part of this case should be fired and sued for all they have. They deliberately destroyed a mans life. Actually this conviction was so egregious i think the jury should be sued too.
http://www.msnbc.msn.com/id/32334521/ns/us_news-crime_and_courts/
That would be a terrible idea. Imagine if jurors started being sued over their decision.. It is hard enough to get people to show up and willingly serve on a jury (how many times have you heard of people using lame excuses to get out of it)... Setting that precendent would be downright scary.
imo
No, actual innocence, regardless of how it's determined is not an assurance of release per the US Supreme Court.
That was a Habeas Corpus relief case ONLY:
Syllabus:
http://www.law.cornell.edu/supct/html/91-7328.ZS.html
so sad, this guy was raped by the system :angry:
they guy should be able to retire on the states dime
No doubt he will file a wrongful imprisonment suit, and win some big, bucks.
23 freaking years. This is abominable. Everyone in the prosecution and LE that was part of this case should be fired and sued for all they have. They deliberately destroyed a mans life. Actually this conviction was so egregious i think the jury should be sued too.
MOST involved in such proceedings are immune from civil liability, with the rarest of exceptions.
MOST involved in such proceedings are immune from civil liability, with the rarest of exceptions.
I know and it drives me mad. If you deliberately and knowingly, premeditate taking an innocent mans life away and locking him up, then LE and especially prosecutors should be liable just as joe blow citizens are.
Its not ok to say "it was an honest mistake" or "the evidence pointed to him!" no the evidence did not, he was innocent, you pointed to him.
aubrey04
08-09-2009, 12:34 PM
let me guess. Texas, right? i don't even have to read the link.
history always repeats itself.
Niceeeeee. :thumbdown:
who_is_it
08-09-2009, 12:35 PM
You can't sue a jury however I sure as heck would be suing all the rest of them. :cursing:
No matter who's sued -- the jury or the person who claimed the rape -- it won't help the victim. Money can't buy back 23 years lost. The story is extremely tragic.
GentleBreeze
08-09-2009, 12:57 PM
No matter who's sued -- the jury or the person who claimed the rape -- it won't help the victim. Money can't buy back 23 years lost. The story is extremely tragic.
It is heartbreaking. I will readily admit that when I first came to this site 7 years ago, I was for the death penalty in certain cases but since then I no longer believe in it.
In recent years there has been way too many exonerated for the crimes they were accused of and the results are devastating. Not only for the victim that did not see true justice but for the one that had to carry the burden of guilt knowing all along they were innocent. There is nothing sadder than that.
There is no way they can go back and give this man's life back to him. Money shouldn't be a fix it all and I think DAs do look at payouts that way. In other words they just expect these people to get the money and go on with their lives as nothing has ever happened to them.
If someone robs someone of a pizza they can go to jail but someone can rob a person of their life for decades yet receives no punishment at all? Where is the justice in that?
I have always felt if a DA withheld evidence that could have exonerated someone then they themselves should go to prison for that. It is highly unfair that they have supreme power over another's life and doesn't have to be accountable for their own prosecutorial misconduct.
So at least for me I think all inmates should be given prison time only. Even if it is LWOP then maybe just maybe they will have the time to show they weren't guilty at all if that is the case. I am sure some die in there that are totally innocent though.
It does seem strange that a lot of cases come out of Texas. If this is Texas justice then something seriously needs to change.
imo
SavannahStar
08-09-2009, 01:01 PM
It is heartbreaking. I will readily admit that when I first came to this site 7 years ago, I was for the death penalty in certain cases but since then I no longer believe in it.
In recent years there has been way too many exonerated for the crimes they were accused of and the results are devastating. Not only for the victim that did not see true justice but for the one that had to carry the burden of guilt knowing all along they were innocent. There is nothing sadder than that.
There is no way they can go back and give this man's life back to him. Money shouldn't be a fix it all and I think DAs do look at payouts that way. In other words they just expect these people to get the money and go on with their lives as nothing has ever happened to them.
If someone robs someone of a pizza they can go to jail but someone can rob a person of their life for decades yet receives no punishment at all? Where is the justice in that?
I have always felt if a DA withheld evidence that could have exonerated someone then they themselves should go to prison for that. It is highly unfair that they have supreme power over another's life and doesn't have to be accountable for their own prosecutorial misconduct.
So at least for me I think all inmates should be given prison time only. Even if it is LWOP then maybe just maybe they will have the time to show they weren't guilty at all if that is the case. I am sure some die in there that are totally innocent though.
It does seem strange that a lot of cases come out of Texas. If this is Texas justice then something seriously needs to change.
imo
Well said, GB! :seeya:
Well said, GB! :seeya:
Hi SS! ITA agreement with you and GB.
check out the revolting case i posted where someone sentenced to 3 life terms for sexually molesting children in a day care has been cleared after 21 years. Prosecution withheld exonerating videos and the edited ones they did show didn't have promising the kids a prize if they said what they wanted to hear. Just posted it this morning, its horrible
who_is_it
08-09-2009, 03:49 PM
<snipped for length>
I have always felt if a DA withheld evidence that could have exonerated someone then they themselves should go to prison for that. It is highly unfair that they have supreme power over another's life and doesn't have to be accountable for their own prosecutorial misconduct.
<snipped>
imo
ITA. Prosecutional misconduct has to be controlled and punished to reduce the number of falsely imprisoned people.
On your other thoughts about death penalty: In Europe there's no death penalty what I appreciate. Prison sentences aren't as draconic as in the US. Each country has its own law; so I just can say something about my own country: A "life sentence" almost never ends in life long imprisonment. Felons are often released from jail after 20 or 25 years, murderers are often charged with, for example, 8 years "only" ("only" because that's nothing compared to the sentences in the US). Unfortunately sometimes it happens that they commit crimes again. It's a balance act imo if you could release a former felon or not.
Again on false allegations: This people should go to jail; a harder law would be necessary imo.
Streetdreamer
08-09-2009, 07:58 PM
This is an example of how I feel about the justice system... You get the idea even though its a satire. BTW, not actual crime scene photos.
http://www.youtube.com/watch?v=u1cgHEWG-BA
Its actually pretty funny if you ask me.
he should not have to fight the government for the money, it should just be given to him, there is no way to give him back his youth, 23 years of his life is gone, why not just do the right thing now, give him the money, let him retire and live the next 23 in style
Section 103 (whole link) of the TX Civil practice and remedies code outlines the procedure. It is a legal formality and necessity for a claim to be considered.
http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.103.htm#C
how long do those formalities take though, I have heard it sometimes takes years
Suits are taken in order as filed, unless they expedited for some legal reason, and a wrongful imprisonment suit would not seem to qualify for that, so it may take a year +, yes?
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